New arrivals to the UK and Child Benefit

If you've come from another country to live in the UK you may be able to get Child Benefit for your child. But to qualify for it you'll have to satisfy some 'residency' rules.

Who qualifies for Child Benefit?

To get Child Benefit you'll normally need to:

be physically present in the UK - together with your child
be 'ordinarily resident' in the UK - so your main home is here
have a 'right to reside' in the UK
be responsible for the child who's living with you

Being present in the UK

Generally, to get Child Benefit both you and your child must be physically present in the UK.

But you'll still be able to get it if you're out of the country for short, temporary stays, like on holiday.

Being 'ordinarily resident'

To get Child Benefit, you normally have to be ordinarily resident in the UK. You'll usually be ordinarily resident if:

your main home is in the UK
you've chosen to live and settle here
you only go abroad for short periods - like on holiday

The Child Benefit Office will decide whether or not you're ordinarily resident by looking at all your circumstances.

Ordinarily resident - an example

Aleksy and his wife and son have moved permanently to the UK from Poland. Aleksy works as a self-employed property developer and his son is registered at the local school.

As the family’s main home is in the UK and they have chosen to live and settle here, they are classed as being ordinarily resident and can make a claim for Child Benefit.

Having a 'right to reside' in the UK

To get Child Benefit you need to have a 'right to reside' in the UK. You have a right to reside in the UK if you're:

a UK national
from the Channel Islands
from the Isle of Man
from the Republic of Ireland

If you’re from another country, check if you have the right to reside by using the table below. The information in the table applies from 1 May 2011.

Where you're from	When you have a right to reside in the UK
Austria, Belgium, Czech Republic, Cyprus, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Ireland, Italy, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Netherlands, Norway, Poland, Portugal, Slovakia, Slovenia, Spain, Sweden, Switzerland	If one of the following applies: you are working for an employer or are self-employed in the UK you are actively looking for work and are registered with the Social Security / Jobs and Benefits Office you can support yourself and your family financially - and have comprehensive sickness insurance cover for yourself and your family You also have a right to reside if one of the above applies to a family member you are dependent on - for example your partner
Bulgaria, Romania	If one of the following applies: you are working, and got a worker authorisation document before you started work you are self-employed in the UK you came to the UK under the Highly Skilled Migrants Programme and hold a registration certificate you are looking for work, can support yourself and your family financially - have comprehensive sickness insurance cover for yourself and your family you are registered with the Social Security / Jobs and Benefits Office and, for at least 12 months before becoming unemployed, you were in a job authorised by the Home Office You also have a right to reside if one of the above applies to a family member you are dependent on - for example your partner.
None of the above countries	If you have permission to remain in the UK

Where you're from

When you have a right to reside in the UK

Austria, Belgium, Czech Republic, Cyprus, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Ireland, Italy, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Netherlands, Norway, Poland, Portugal, Slovakia, Slovenia, Spain, Sweden, Switzerland

If one of the following applies:

you are working for an employer or are self-employed in the UK
you are actively looking for work and are registered with the Social Security / Jobs and Benefits Office
you can support yourself and your family financially - and have comprehensive sickness insurance cover for yourself and your family

You also have a right to reside if one of the above applies to a family member you are dependent on - for example your partner

Bulgaria, Romania

If one of the following applies:

you are working, and got a worker authorisation document before you started work
you are self-employed in the UK
you came to the UK under the Highly Skilled Migrants Programme and hold a registration certificate
you are looking for work, can support yourself and your family financially - have comprehensive sickness insurance cover for yourself and your family
you are registered with the Social Security / Jobs and Benefits Office and, for at least 12 months before becoming unemployed, you were in a job authorised by the Home Office

You also have a right to reside if one of the above applies to a family member you are dependent on - for example your partner.

None of the above countries

If you have permission to remain in the UK

If you're subject to 'immigration control'

You may not be able to get Child Benefit if you're subject to 'immigration control'. Immigration control means either:

the Home Office gives you permission to stay in the UK (known as 'leave to enter or remain') - but this permission is given to you on the grounds that you don't claim some benefits, tax credits or housing help paid by the UK government (known as 'no recourse to public funds')
you need permission to stay in the UK - again known as 'leave to enter or remain'- but you don't have it
you have been given permission to stay in the UK - but on the condition that someone else, like a friend, employer or relative (often called your 'sponsor'), supports you
you have been refused permission to stay in the UK - but you have appealed against that decision and your appeal hasn’t been decided yet

Sometimes if you’re subject to immigration control you might still be able to claim Child Benefit, for example if you're from a country with which the UK has a social security agreement that covers Child Benefit.

Subject to immigration control - an example

Anisha and her children are from India and are staying with her sister's family near London. Anisha wants to make her home in the UK, but she hasn't been given permission to remain here permanently.

Anisha is subject to immigration control, so can't claim Child Benefit.

When you're not subject to 'immigration control'

You're not subject to immigration control if any of the following applies:

you’re a UK national
you're from the European Economic Area (EEA) or Switzerland
you’ve claimed asylum and you have been told by the Home Office that you can stay in the UK as a refugee
the Home Office has told you that you are allowed to stay in the UK indefinitely

If you're from a Commonwealth country and serve in the British Forces

If you're from one of the Commonwealth countries and you are serving in the British Forces in the UK, you are not subject to immigration control. This means you would usually be able to get Child Benefit.

You might be serving in the British Forces in the UK and then are posted back overseas. You can usually carry on getting Child Benefit even if you're outside of the UK.

If you've come to the UK but your child has stayed behind

There are different arrangements for Child Benefit depending on whether you are working and if you're a national of a European Economic Area (EEA) country or not. Whatever your situation, you won't qualify unless you're responsible for your child.

If you have come to the UK and you're a national of a country outside the EEA or Switzerland, you may qualify for Child Benefit once your child actually arrives in the UK.

If however you are a national of an EEA country or Switzerland, you can usually get Child Benefit even if your child doesn't come to the UK. But your child will need to be living in an EEA country or Switzerland.

Countries that are in the European Economic Area (EEA)

The countries in the EEA along with the UK are Austria, Belgium, Bulgaria, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Ireland, Italy, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Netherlands, Norway, Poland, Portugal, Romania, Slovakia, Slovenia, Spain and Sweden.